CrPC Section 245 — When accused shall be discharged

CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES

General

Summary

Sub-section (1) says that after taking all the evidence referred to in section 244, the Magistrate must discharge the accused if, for reasons recorded, the Magistrate considers that no case has been made out which would warrant a conviction if it remained unanswered.

Sub-section (2) says the Magistrate may discharge the accused at an earlier stage of the case if, for reasons recorded, the Magistrate considers the charge groundless.

Official Text

(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.

Sections referred to

Referred to by

Related Judgments

  • SANTOSH DE AND ANOTHER vs ARCHNA GUHA AND ORS — Supreme Court of India (1994)
  • SUDERSHAN SINGH WAZIR vs STATE (NCT OF DELHI) & ORS — Supreme Court of India (2025)
  • SUNITA DEVI vs THE STATE OF BIHAR & ANR — Supreme Court of India (2024)

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